Document 6bYOq2exOX2QnJL0bqdmdo95R
STAfflARDS FRESBffATICfl 01IFDRN1A CCCLPATiaiAL SAFETY A* HEALTH ST/WRDS BOARD
PgJ_ of J.
Title 8: ~
Repeal Subsection (c) of Section 1528 and adopt new Section 1528(c) to read-
PLAINTIFF'S EXHIBIT
Article 4. Dust, Fumes, Mists, Vapors, and Cases
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1523. General, (a) Whenever harmful dusts, fumes, mists, va
pors, or gases exist or are produced in the course of employment in
quantities giving rise to harmful exposure of employees, such hazards
snail be controlled bv removing the employees from exposure to the
hazard, by limiting the daily exposure of employees to the hazard, or-
by application of engineering controls. Whenever such controls are not
practicable or fail to achieve full compliance, respiratory protective
equipment shall be provided as prescribed in Section 1531. Substances
which may give rise to harmful exposure include, but are not limited
to, those substances listed in Cenerai Industry Safety Orders, Title 3,
Section 5155.
(b) Whim ventilation is used as an engineering emUrnl method, tin-
system sitall bo installed and uperated according to the requirements
uf this Article.
Note: Whenever any employee is exposed to airborne asbestos
dust, the requirements of General Industry Safety Orders, Title >i.
Section 52tW shall apply.
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'ftS'Thr.rprrn ing nf.mr ruTVTr.uH- ; cunrsining snr-amwtmt ofrrshr^tns
in or uptJT^aJmiltling or other structure during its constnipiwrCmlerrrtiun, or repairshtvlljiol lie permitted.
Exceptions: 1. Cult! process culbaolTTibrpiyiWTlcf coatings. 2. Until July l, 11)73--jl^rthTTulc^ftw^plaster containing less than
unc-half of 1 pcrpoirTTuliestos. 3. Umji^+dy'T7l!r78-- Exterior and interior coahrngimui laminating
^rjyms'containmg encapsulated asbestos fibers bound'vi'rtiiio the fin ished product from manufacture through application.
(c) The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration, or'repair is prohibited.' "
EXCEPTIONS:
`1 -
V- Until July 1, 1980, Portland cement piaster
containing less tnan one-ha if of 1 percent asbestos.
2. Exterior and interior coatings and laminating
resins containing assestos incorporated during the
manufacture of the finished oroduct.
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3. Cold process cutback asphalt roof coatings.
4. Substances containing less than one-cuarter of 1 percent asbestos solely as a result of naturally occurring impurities in the suostance or its components.
CHEV BB 010299
SWEARnS FRESSffiTiCfl
Pr, 2 of _2
CALIEMA CCOPATICMl SAFEIY AfB HEALTH STA/tDARDS EMRD
TITLE 24:
Repeal Section 31750 and adopt new Section 81750. to read as follows:
SI750. Sorayinq of Asbestos. The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration, or repair is prohibited.
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EXCEPTIONS:
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]\__ IJnjLj 1 JuJy 1, 1 900_,_Portland cement plaster
containing less than one-ha'1 f nf~T'percent' asbestos.
2. Exterior and interior coatings and laminating resin s* containing as bn r. toi"inc~orporate~J du}jig_ the manufacture of the flnished product.
3. Cold process cutback asphalt roof coatings.
4_.__ Substances containing less than one-ounrter of 1 percent asbestos solely as a result of naturally occurring impurities in the substance or its components.
CHEV BB 010300
* CH 00880
CTA*^ .nrr pr*"r
7/** l
CALIFChuA GCOPATIG^L SAFETY A*D -SLIP. Si;:^lS tVAiiD
TITLE 8: GENERAL IHGUST^Y SAFETY ORDERS ^Asbestos)
SECTION 5208(c) wnBrni 3<:u!n3; 5208(i){1) 5208(j)
5208 (Z)
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______________ - SUBJECT
Work Practices.. Repeals existing Subsection (c) and adopts new (c), which retains old provisions and adds new requirements for asbestos-containing products.
Monitoring and RecordKeeping. Repeals existing Subsection (g) and adepts new
Subsection (g) on same subject to correspond to the Federal standards on these subjects.
Caution Labels. Labeling. Editorially revises the section for clarity.
Medical Examinations. Repeals and adopts
Federal language for these requirements
effectively removing the action level by
which medical surveillance provisions were
initiated. Medical surveillance will be
required at any exposure level to airborne
asbestos.
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Reports of Use. Revises Subsection (Z) to reference the new agency name of the
Division of Occupational Safety and Health Administration.
There are no building standards contained in this order.
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Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under _ Section 2231 of the Revenue and Taxation Code for costs that may be incurred by it
in complying with these orders because these orders merely implement Federal law
and regulations.
CHEV BB 010301
CH 00881
STANDARDS PESiTATIUI
Po_L cf _I
Repeal Subsection (c) of Section 5208 and adopt new Subsection (c) to read:
5203. Asbestos. (a) The S-hour time-weighted averagr concen
tration of airborne asbestos fibers to which any employee may be ex
posed (hail not exceed 2 fibers, lunger than 5 micrometers, per cubic
centimeter of sir as determined by the membrane filter method using
phase contrast illumination and 400 to 45CI.X magnification. Tint ceiling
or aliort time concentration to which employees are exposed shell not
execed 10 libers, longrr than 5 micrometers, per cubic erntiincter of
air. '
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(b) Engineering Controls. Controls such ns, but not limited to,
isolation, enclosure, exhaust ventilation, and dust collection shall be
used to meet the exposure limits in .Srrtiuti 520S In). All h.ind-upi-ralml
and power-operated tools which may produce nr release iLsbeslos fibers
in excess of such limit shall hr- provided with lord exhaust ventilation
aystems. The American National Standards Institute Zlf.'-MlJTl Stand
ard Governing the Design and Operation f Lined Exhaust Systems
(hall be used hs a guide to design, construct, install, and maintain
exlinust ventilatitin and dual eullcvtimi system*.
-- _[r) V/ork Practices. Asbestos shall lie miivd, handled, applied,
reniuvcuT~eirrpTWc^gjj'.~rwise worked wet insofar us practicable. Asbes'ua
(pills ahull be cleunetr^jT~pr*'ML^lh^_Asbcsli"<-eOiil;nning cement, .mor
tar, coating, grout, plasters--or- *miiiaf~ITmte.r.iaj .shall not be. removed
from bngrrprlirtrTr^r other emitaiuers witiiout being wuttfii, unlvs.i
Jt-urrScToscJ aud/or ventilated to effectively control airborne filters
IA apocifieil in Section 52(1* (a). Asbestos wiuur. senp. d.-bei* and asbestos contaminated ^niaterTLL-2^wrgm*CJLir. disposal dial! be colJc^LB<l-tiwpcs?rrTn'scaIcd impermeable bags or rnTir.mii -m---------
(e) Work rra.-ticec. (1) Asbestos .thrill bn mixedli'indlcd,
applied, rer.ov-'.d, cut, or otherwise worked wet insofar ns
practic.-ibl c.
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(P) Arhe-rtotx spills rh.tll be cler-ned tip promptly.
(3) Agborlnj-containinr; cment, gortnr, contir-ir, grout, plaster, or ttisilr.r material ehnll not be removed fren bags, ca;-t t.T.s , or other containers' without betrift "vetted, unless it in oitelusuil nndTor venti l.-ited to effectively jonrrol - i-bo rn-.- film:-: as ;:r^Tfic'i~in Seetion '5:o8(a)~.
C^) Th t.pr.vyir.r of or.7 subeti'se.- cot it Inin,' any nir-otint
of. Ashet'd cir in or upori a buildi-p or other structure
durinr_ its conri.runtiop. altt-ration, or r*nni r in
i prohi bi led.
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OCciPTIUlIC:
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(A) Until July I. 19<tO, l-'ortliiftu cosent plaster containin' -ess__thitLr. one-half of. j percent asbestos.
i (B) Z.-terior and interior continiy anil 1 nninntir.r, ' resins ronlnininr sr-benton lnrurpor-'. led durinr the
annufnrturr of the finished product.
(C) Cold piTccss cutback arrhalt roof continrs.
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BB 010302
(D) Sui'.rtnncer, contain!nr lorn than onc-cunrter of
]_ neroor,i.-.l-^ctcn: rol^lv nr. n
ul t of nnturally
crcurriru- imruritier in rii* cuhrtnnr; or its componou ts.
CH 00882
jfPNDArSS PFESSiTATiai
Oil P0RK1A OCCLTATiG'lAl
VB HBOI MiMWB SOW)
to
(rj) Xch^r.tor wnste, rcrnn, debris and ar.hontns-cnntn.'r ir.aced -< t c rials cansinr'd for disT-crml shnil. bjt colleefc-d and disposed ir. sealed irr.-po rateable bars or conr.oin' v" -hich oh^ll bo labeled in ncrnrHnnr<? with
Scotian r-."'v i).
(d) Respiratory Protective Equipnoent. Warn engineering con
trols and wet handling' methods are not feasible or are incapable of controlling the concentration or in an emergency, respiratory protec tion shall be promised and worn in accordauco with provisions of Sec tion S144 and the following requirements:
(!) Reusable or single-use air filtering respirators shall be
used when the concentration exceeds the levels specified in Section
S20S (u),. but may not be used when the concentration may rea
sonably be expected to exceed 10 times the limit.
(2) Powered air filtering respirators may be worn for lower
concentrations, but shall be worn when the asbestos tibor concen
tration Ls reasonably expected to exceed 10 times, but not 1(10 times
the limit in Section 5203 (a).
(3) Continuous Liuvv or pressure demand air-line rcpiratnru or
self-contained breathing apparatus may be worn for lower concen
trations, but shall be worn when the asbestos fiber concentration is
reasonably expected to exceed ICO times the limit in Section fil'NH
{a)- . ' , . *
(-1) No employee shall be assigned to tasks requiring the use. of respirators if based on his moat recent examination an rxamining physician determines that the employee will be unable to func
tion normally wearing a respirator or that the safety or health of x the employee or other employers will be impaired hy his uno of a
respirator. Such employee shall be rotated to an equivalent job
whose duties ha is uble to perform, if such a posiliuu Ls available.
(e) Change Rooms and Special Clothing.
(1) The employer snail provide and require the use of special eloddug sueli r.s coveralls or similar whole body clothing, head eov. erings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos fibers, which exceed the ceiling 'level prescribed in Section 5203 (a).
(2) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in excess of the exposure limits 'prescribed in Section 5203 (a), the employer shall provide change rooms for employees working regularly at the place, and shall pro vide two sepurate lockers or containers for each employee, so sep
arated or isolated as to prevent contamination of the employees' street clothes from his work clothes.
(f) Laundering.
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t (1) Laundering of asbestos-contaminated clothing shull b'c done so as to prevent the release of airborne asbestos Goers in
excess of the exposure limits prescribed is Section 520S (a). ' (2) Any employer who gives aibi-stos-contimiaated clothing
to another person for laundering shall inform such person of the
requirement in Section 5203 (f)(1) to effectively prevent the re lease of airborne asbestos fibers in excess of the exposure limits prescribed in Section f:2tld (;t).
(3) Contaminated clothing shall be transported in sealed impermeable bags or other closed, impermeable containers, nnd labeled in accordance with Section 3233 (i).
CHEV BB 010303
CH 00883
STAfTORDS P[SOtTATICN
Pg.
.calirhua occiPATicrwL safety and health stai-cards ecatd
OF 12
Repeal Subsection (g) of Section 5208.
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Qj) Monitoring' tad Record Keeping.
(3) Monitoring. (A) The rmpioyjr shad srunph- the Air md determine the concentration of /thcstns fibers ivithii/ tIt>
rpittiling tone of employees whose exposure to airborne ayiicsins m\v exceed an 8-hour time-weighted average ruurml ivfiinn of 1 finer, louder than 5 inirnmirters, per cubic rentimctrViir u
ing cVncrntralion of 10 lili'TS, longer 'Join S inirrmurtcrs, per cubic ewnIimrlrr clue tn work assignment fsl ill nn/nrnr npi-ralion* with asbestos nr asbestos-containing produces which result iu the relNise of asbestos libers.
(IS) Fallowing imy change in control, p^iersa, nr produr. tion muthodywhieh may oiler the airborne ciinrrnirnliiui uf
asbestos, the enmluycr sli.dl monitor the lewl nf any employee's
exposure wh:ch\nny have been affected ,oy sueli change. i(Cr>)\ Mm onitor slm.. ll ib._e _re__p_e_a_ted at. ile..a..s..t....o..n..c.e....c...v.. rv ii
months where exposure to airborne Asbestos may exceed an
8-hour limit-weighted tivenure conci-ntmt inn nf 1 fiber, Inng'T
than 5 micriimelera, [Vr eubio eeutiiueter nr a ceiling eniiecu-
Iration of 10 libera, longer than 5tjiie.ruiiicters, per cubic centi
meter.
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(D) The sampling otViirborne asbestos reipiired by this paragraph shall be perfnrniiai in a ni.innrr wliieh will assure
A reasonably accurate determniation r.ml simil be made witiiuiit regard to employee use pf rrsvirutory proteetive equipment.
(E) All determinations nf airborne concentrations of as bestos fibers performed under rmuirvinents of this section shall use the membrane filter method with phase contrast iliu-
wiuation, 400 to -ioO X magmileationv and 4 millimeter objec
tive.
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(li) Record Seeping. Every employcAshnll maintain rec
ords of any perso/iai or environmental monitoring required by
this subsection, lie curds shall be maintained ffvr a period of ut
least 20 years iHid shall be made available upo\ request to the
Chief of the division of Industrial .Safety, the flircetnr nf the
State Department of Health, and to authorized ranresentafives
of either. Upon written request of an employee, a former employe",
Or in employee representative of either, the rmpluyer\ihull fur
nish tha/monitoring record of that employee or former employee.
In thyryent thu employer ceases to do business and there is no
iuecowor to receive and retain hie records for the prc-oiribed
id, these records shall be transmitted by registered mail t\ the
selur, Natinnnl Institule for Oceupalininl Safety and Ileatth,
Department of Health, Education ami Welfare, ami each
^employee shall bu notified in writing of this transfer.
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CHEV BB 010304
CH 00884
STANDARDS PFESciTATiai
PgJLof 12
CALIFCFfUA CCCLPATIQ-WL SATEiY AND HEALTH STANDARDS EGARD
Adopt new Subsection (g) into Section 5208 to read:
(g) Monitoring and Recordkeeping.
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(1) Monitoring.
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. (A) Initial Determinations. Every employer shall cause every place of employment where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure, without regard to the use of respirators, is below the limits prescribed in Section 5208(a). If the limits are exceeded, the employer shall immediately undertake a compliance program In accordance with Sections 5203(b), (c), (d), (e), and (f). -
(B) Personal Monitoring.
1. Samples shall be collected from within the breathing zone of the employees, on membrane filters of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour time-weighted average concen trations and of the ceiling concentrations of airborne asbestos fibers.
2. After the initial determinations required by Section 5208(g)(1)(B) 1., samples .
shall be of such frequency and pattern as to represent with reasonable accuracy the levels
of exposure of employees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by Section 5208(a).
(C) Environmental Monitoring.
1. Samples shall be collected from areas of a work environment which are representative of the concentrations of airborne asbestos fibers which may reach the breathing zone of employees. Samples shall' be collected on a membrane filter of 0.8 micrometer porosity mounted in an openface filter holder. Samples shall be taken for the determination of the 8-hour time-weighted average concentrations and'of the ceiling concentrations of airborne asbestos fibers.
CHEV BB 010305
CH 00885
ti ' rl
OTHDARiE PI3B<rATiffl
Pg 5 of _H
PAUFORIIA CCOPATTCffiL CAPETT AND HEALTH STATWRBS BOARD
2. Aftqr the initial determinations required by Section 52G8(g)(l )(C)1., samples shall be of such
frequency and pattern as to represent with reasonable
accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in Section 5208(a).
(D) Method of Measurement. All determinations
of concentrations of airborne asbestos fibers shall be
made by the membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination.
(E) Employee Observation of Monitoring. Affected
employees, or their representatives, shall be given a
reasonable opportunity to observe any monitoring required
by this paragraph and shall have access to the records .
thereof.
(2) Recordkeeping.
(A) Exposure Records. Every employer shall maintain records of any personal or environmental \ monitoring required by this section. Records shall be maintained for a period of at least 20 years and shall be made available upon request to authorized representatives of the Division.
(8) Employee Access. Every employee and former employee shall have reasonable access to any record required to be maintained by Section 5208(g)(2)(A), which indicates the employee's own exposure to asbestos fibers.
CHEV BB 010306
CH 00886
STANDARDS PRESENTATION
Pg_L_ of Ji
CALIFORNIA CCClPATICiiAL SAFETY AND ITEALTTI STANDARDS BOARD
(h) Caution 3igrx
(1) Poating. Caution signs shall be provided nnd displityrd
at each location where airhorne concentrations of a-shi-stiis liber*
snny be in caress of ilic exposure limits prescribed in Kh-I mii-fiUUK
(a). Signs simll he pusled at such n distunne from snrli locntiun
so thut iiu employee may rend Ihr signs nnd lake nei-t-vurejc pro.
tective steps before catering the aren marked by the signs .Signs
ahull be jiostcd at "all approaches to areas containing excessive con
centrations of airborne asbestos fibers.
(2) Sign Specifications. The wanting signs required by
subparagraph (h)(1) -siiu11 conform In the rcrpiirrmi-ul.s of formal
signs sprrifird in Section tjOOI! (d)(4) of the (.Iriirml Imlu.-.lry
Safety Orders nnd to this subparagraph. The signs -hull display
the following legend iu the lower punol, with the letter sues and
styles of a visibility nt leust equal to that specified in this sub
paragraph.
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Legend
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Notation
Asbestos__1* Situs Serif, Gothic or Mock
Dust HazardSans Serif, Gothic or Block Avoid Breathing Dust----- i* Gothic
Wear Assigned Protective
Equipnieuti* Gothic
Do Not Remain In Aren
Unless Your Work
Requires Iti* Gothic
- Breathing Asbestos Dust
May Be llazurdutu
To Your Health-------- 14 Point Gothic
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Spacing between liars shall be at least equal to the height of tbe upper of any two lines.
Repeal Subsection (i)(l) of Section 5208 and adopt new Subsection (i)(l) to read:
CHEV BB 010307
CH 00887
ill A1W<U$ HtiicMIAl IUTI
HG__ 1_ OF
CALIFORNIA OCCLPATiaiAL SAFETY AND IOLTH STAJCATSS EjGAFD
(iJ^Ciution Labels.
(l)^Lhelitf. Caution labels ihall be affixed to ail rsw__m' terials, mixtufttr^scrap, waste, debria, and other products con taining asbestos fibe^T's^to their containers,,,excspt''tnat no label is retired where isbostoatHiers have Jjeen" modified by a bonding Cent, coating, binder, or othre>ctatcriul so that during any rea sonably foreseeable use.^rrTdling, st&jsLge, disposal, processing, or* transportation, no^airborrie cooceatnuion!r~a^aabcHto fibers in excess of the-eipoaure limits prescribed in ScetnJ&si203 (a) will be rcleasStf For large outdoor storage such as mine^vtailinpl ^piiiS^laboiing shall not be required ii properly posted.
(i) Caution Labels.
(1) Labeling. Caution labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers or to their containers.
EXCEPTIONS: 1. No label is required where asbestos fibers have been modified by a banding agent, coating, binder, or
other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne asbestos fibers in excess of the exposure limits prescribed in Section 5208(a) will be released.
2. No label is required for large outdoor storage such as
mine ore tailings piles, if properly posted.
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(2) Labol Specifications. Caution label* required by this
subscctiun ahull be conspicuous and legible and haii contain the
following or equivalent warning:
CAUTION
Contain! Asbestos Fibers Avoid Creating Dust
Breathing Asbestos Dust May Cause Serious Bodily Harm
CHEV BB 010308
CH 00888
winn-niVLU I I'i-OCiiirw tUl
CM.IKKIIA CCGPATiaL SAFETY AND'HEALTH STAfTODS BOARD
Repeal Subsection (j) of Section 5208.
(J^-Kedieal Examination*. - -
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\(1) The employer shall provide or make available St no ensjr
to tni employee a comprehensive prepiacemrut medical examina
tion bV a licensed physician for each employee entraced i:y an
occupation wluye exposure to airborne asbestos, without regard to
the use of'respiratory protective equipment, has been determined
to exceed, op may be reasonably expected to exceed, un 3-hour time*
weighted average concent rat inn of 1 fiber, longer than fi mirrumvli-rs,
per cubie centimeter or a ceiling concentration of 10 lib'crs, longer
titan 5 micrometers, per cubie centimeter,
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The eunninutlon shall be provided or mode available within
30 calendar days of uu employee's initial assignment to such oc
cupation and shall include as n minimum a U-iuch by 17-im-li
chest 21-ray (posterior-anterior), a history to elidit symptomatology
of respiratory disease, and pulmonary function tests to include
forced vital capacity (t'VC) tuid forced expiratory volume at one
second (FliVj.j),
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(2) At least anounilXcvcry employer shall provide or make available at no cost to the Appluyco a medical examination to em ployees as specified in paragraph (j)fl). The employer shall pro vide or make available, witliinXTIO days of termination of employ ment of tuiy employee exposedvtb airborne asbestos, a medical examination as specified in paragraph (j)(l), if such examination ^iaa not been taken within the .previous year of termination.
r NOTE: I'u rsuant to authority granted hy Labor Code Sectiun (i30S(b), the Division, .upon the device of the Depart:mmt of Ilrnlth, may requiro an employer to iftake. additional diiitriioKiiu tcst(a) available during/medicid examinations perfumed under the provisions of this paragraph when a preponderance of evidence indicates the advisability of such supplemental testing.
(3) Records shall bu kept of medical qXViiniiuitiori3 required by thia subsection for each employee; eur.h records shall be main* Luiucd by the employer for at Icimt 30 years. Acin-ss to records of medical examir-htiona roquired by this subsection^shall be mode available for inspection and copying to the Division of Industrial
Safety, the Department of Health, and to uutJmrizcd'physicians or medical consultants of either of them. Upon written retjucat nf an employci/or former employee, tho employer shall provide a copy of the //uciiical examination rccurd to the employee's or, former employee's physician. Any physician who conducts a medical cxnninajfan retptired by this subsection shall furnish the employer nf the examined employes or former employee u 11 the informant^re- ,
fluire4 by this subsection sud any other medical information re/iatrd to occupational exposure to aabeolos.
CHEV BB 010309
CH 00889
STAMMS PRESEMIGM
PgJ_ OF
CALIPORjtIA GCGFATiaiAL SAFETY AND HEALTH SIMS EGAFD
Adopt new Subsection (j) into Section 5208 to read as follows:
(j} Medical Examinations.
(1) General. The employer shall provide or make available
at his cost, medical examinations relative to exposure to asbestos j required by this paragraph.
i ..(2) Preplacement. The employer shall provide or make
available to each of his employees, within 30 calendar days
following his first employment in an occupation exposed to
airborne asbestos fibers, a comprehensive medical examination,
which shall include, as a minimum, a chest roentgenogram
(posterior-anterior 14 x 17 inches), a history to elicit
symptomatology of respiratory disease, and pulmonary function
tests to include forced vital capacity (FVC) and forced
! expiratory volume at 1 second (FV].q)-
.
(3) Annual Examinations. At least annually, every
employer shall provide, or make available, comprehensive
medical examinations to each of his employees engaged in
occupations exposed to airborne asbestos fibers. Such annual
examination shall include, as a minimum, a chest roentgenogram
(posterior-anterior 14 x 17 inches), a history to elicit
symptomatology of respiratory disease, and pulmonary function
tests to include forced vital capacity (FVC) and forced
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expiratory volume at 1 second (FEV-j g).
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. (4) Termination of Employment. The employer shall
provide, or make available, within 30 calendar days before
or after the termination of employment of any employee engaged
in an occupation exposed to airborne asbestos fibers, a
comprehensive medical examination which shall include, as a
minimum, a chest roentgenogram (posterior-anterior 14 x 17
inches), a history to elicit symptomatology of respiratory
disease, and pulmonary function tests to include farced
vital capacity (FVC) and forced expiratory volume at 1 second
(fevLo).
(5) Recent Examinations. No medical examination is *
required of any employee, if adequate records show that the
employee has been examined in accordance with this paragraph
within the past 1-year period.
CHEV BB 010310
CH 00890
STAMMS PRESENTATION
Pg_L5_ of 12
CAUFOfm_OCC'LPATia'lAL SAFETY AND HEALTH STANDARDS BOARD
(6) Medical Records.
(A) Maintenance. Employers of employees examined
pursuant to this paragraph shall cause to be maintained
complete and accurate records of all such medical
examinations." Records shall be retained by employers
for at least 30 years.
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(B) Access. The contents of the records of the medical examinations required by this paragraph shall / be made available, for inspection and copying, to the Chief of the Division of Occupational Safety and Health Administration, the Director of the National Institute for Occupational Safety and Health, to authorized
physicians and medical consultants of either of them, and upon the request of an employee or former employee, to his physician. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the information specifically required by this paragraph,_ and any other medical information related to occupational
exposure to asbestos fibers.
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cH 00891
STAfCARDS PfESEOTATION
Pg u of J
CALIRMIA OCCLPATICNAL S'-JETY AJB HEALTH STAdMS ECAPD
Amend Subsection {l) of Section 5203 to retd as follows:
(/) Reports of Use. Not biter than September 1. L977, employers shall report the information required by Suoscction (/) (2) to the Chief
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of the Division ot Jnxhrmrd ti.ilb ty; Occupational Safety and Health Administration
<53 Coition (.lute Avenue, ban Kran- .
cisco. Calilornia VMKW. Alter September L, 1977, the informatinn re quired by Subsection (/)(2) shall bo reporteti prior to the commencement of any new, unreported operation or process covered by those Orders.
Note: It is not intended that each activity listed in paragraph (/) (1) involving asbestos or asbestos-containing products be reporteti upon each use or activity. Anticipated present anti future use reporteti initial ly is sufficient to comply with this Section.
(1) Operations anti Processes Requiring Reporting.
(A) Any use, handling, disposal, processing, manufacturing, packaging or repackaging of asbestos or asbestos-containing products which require labeling by Subsection (i) of this section.
(B) Brake repair and clutch repair operations where asbestoscontaining frictional materials are processed in a manner which may produce airborne asbestos fibers, such as: grinding, sanding, drilling, brake shot: arcing anti beveling, or removing asbestoscontaining dust with compressed air. Automotive repair facilities which are registered will: the State bureau of Automotive Repairs meet the registration requirements of this subparagraph, but are not otherwise exempt from this Section.
(C) Maintenance, construction, repair, renovation, demolition or salvage activities in which any materials containing mure than 1% asbestos (dry weight) are sanded, ground, abrasive blasted, sawed, ait, shoveled, removed, or otherwise handled in sueli a manner that asbestos dust would be raised. (D) Any other use where empluveo exposure exceeds the con centrations of airborne fibers given in Subsection (a).
' Note: The ordinary use, handling, or installation of products which do not require labeling under Subsection (i) are exempt from the reporting requirements. Examples of non-labeled products include but arc nut limited to, vinyl-asbestos Hour tile, resilient short llooring, packings and gaskets, fibrated asphalt coatings and coated asbestos cloth. Operations such as retail, wholesale, warehousing, transportation or distribution of products requiring labeling are exempt from re porting requirements providing such products are handled or stored in sealed or unbroken containers.
(2) Reporting Requirements.
(A) The name of the employer and the address(cs) of the place(s) of employment.
Where there arc multiple locations where employees inay be rxi>oscd to asbestos-containing materials infrequently (such as pub lic utility vaults), the employer may provide a general description of such uotentia! exposures and the nature anti type of such loca tions in lieu of identifying each separate location.
CHEV 80 010312
CH 00892
STANDARDS PFESENTATICfl.
Pf u of .12
CALIFORNIA OCCLPATICi'IAL SAFETY AND HEALTH STAT-(CftRQS-BGflPD
Amend Subsection (l) (continued)
(H) A brief description of the way(s) in which the asbestos nr
asbestos-containing product (s) are to be processed, handled, used
or transported.
(C) The estimated number nf employees potentially exposed.
(0) The asbestos-containing product (s) being used or manufac
tured or the typu(s) of structure (s) lacing constructed, demolished
or repaired.
(1C) The names and addresses of any collective bargaining rep
resentatives or other representatives of the affected employers.
(F) Employer:; with temporary jobsites, such ns construction or
demolition need register with the Division only once. Such regis
tration is valid only on condition that the work is performed by the
' same employer and that prior to the commencement of each work
when known in advance, the employer notifies the appropriate
District 01 lice by telegram, letter, or a telephone call which shall
Ik* confirmed in writing indicating the location and commence-
incut of the activity.
(3) Incidents. Any incident, accident or emergency resulting in a known exposure of an employee, unprotected by an appropriate respirator. In asbestos fibers in excess of the limits prescribed by ___Section 52tM(a). shall be reported in writing to the Chief of the
Division oft.,..,. tdJ .r..f. :y QCCUpationa1 Safety and Health
. Admin 1 Strati on within 15 days of the incident. The report
shall iiictuUe ttio following information-.
(A) The number of employees nvcr-e.xpused. (II) The circumstances surrounding the over-exposure, includ
ing the process, operation or job involved.
(C) The results of any environment analyses done to monitor
employee exposure or to define the hazard.
'
(D) 1'he steps taken, or being taken to prevent a recurrence or
to avoid future over-exposures. (F.) The product being manufactured or the type of structure
being repaired, constructed or demolished.
(4) Posting. A copy of each report required by tlds .Subsection shall be posted by the employer in the location or locations where asbestos is used, or where other notices are normally pasted, which shall bo conspicuous to affected employees.
%
CHEV BB 010313
CH 00893
__ SIANMRIE PIMAim'i
' CALIFORNIA QCCLPATOiAL SAFETY AND ilCALTli TiMM BOARD
SECTION 5209(f)(1)
'
Reports, Carcinogen Operations. Clarifies reporting requirements for carcinogen users; additionally
requires reporting of the name and
address of each place of employment where carcinogens are present and the name and addresses of collective bargaining representatives.
There are no building regulations contained in this order.
Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not
create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be incurred by in complying with these order' because these orders merely implement Federal law
and regulations.
.
CHEV BB 010314
CH 00894
CMt*. n^n m
MR. I. H. GILMAN:
Please note the continuing efforts of
industry to implement California regulations on asbestos that allow its use in sprayed
products where the asbestos is encapsulated in a binder' (i.e., asphalt).
J. H. MACPHERSON , ../
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Endorsing letter as listed above re Asbestos Regulatory Status.
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EHVtt. HEALTH & TOAlCOWfiy
MAR 1 9 79
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CHEV BB 010315
CH 00895